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2024 0 Supreme(P&H) 1159 : The legal remedy against an order of remand under Order 41, Rule 25 of the CPC is an appeal. The appellate court''''s power to remand under Rule 25 is limited to cases where the trial court has omitted to frame or try any issue or determine any question of fact, and the appellate court considers it essential for the right decision of the suit on merits. If the remand order is made without meeting these criteria, it can be challenged through an appeal, as the order is not legally sustainable. In such cases, the appellate court may set aside the remand order and instead proceed to decide the appeal on merits or take the additional evidence itself, as permitted under Order 41, Rule 28 CPC.Checking relevance for P. Rajendran VS P. Palanivel...
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2022 0 Supreme(MP) 654 : Under Order 41, Rule 25 of the Code of Civil Procedure, 1908, the appellate court may frame issues and refer them for trial to the court from whose decree the appeal is preferred if the trial court has omitted to frame or try an issue, or to determine any question of fact, which appears to the appellate court essential to the right decision of the suit upon the merits. In such a case, the appellate court shall direct the trial court to take the additional evidence required, and the trial court shall proceed to try the referred issue and return the evidence, along with its findings and reasons, to the appellate court within the time fixed by the appellate court or extended by it. This provision allows for a limited remand where the appellate court identifies a specific omission in the trial court''''s proceedings that is essential to the just decision of the suit.Checking relevance for Ladkanwar Bai VS Gram Panchyat Manoharthana Through Administrator...
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2010 0 Supreme(P&H) 2497 : The legal remedy against an order of remand under Order 41 Rule 25 CPC is to challenge it before the appellate court, as the first appellate court''''s decision to remand the case is legally unjustified if it is not in accordance with the specific circumstances outlined in Order 41 Rule 25 CPC. The court emphasized that remand cannot be invoked to enable the parties to have a second innings to fill lacunae in pleadings or evidence. In such cases, the impugned judgment of the first appellate court deserves to be set aside, and the matter should be sent back to the first appellate court to decide the appeal afresh on merits in accordance with law.Checking relevance for Jagtar Singh VS Bachan Singh...
2010 0 Supreme(P&H) 1920 : The legal remedy against an order of remand under Order 41 Rule 25 CPC is an appeal to the higher appellate court, as the appellate court can set aside the impugned judgment if the remand was not legally justified. In this case, the court held that the first appellate Court''''s remand was not legally justified because there was sufficient evidence on record to decide the matter, and thus the appellate Court should have decided the appeal itself instead of remitting it back to the trial court without legal basis. The remedy, therefore, lies in challenging the remand order through an appeal, which may result in the higher court deciding the matter on merits or remanding it only if the conditions of Order 41 Rule 25 CPC are met.Checking relevance for Jagathari Saha VS Medini Mohan Burdhan...
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